F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – solidarity contribution/ contributo di solidarietà – (2020-2021) – fifa.com – atto non ufficiale – Decision 5 November 2020
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 5 November 2020
regarding training compensation relating to the registration of the player Savio
ROBERTO JULIAO FIGUEIREDO with Vitoria FC
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
EC YPIRANGA, Brazil
RESPONDENT:
VITORIA FC, Portugal
I. FACTS OF THE CASE
Player: Savio ROBERTO JULIAO FIGUEIREDO
Date of birth: 30 April 1996
Player passport: issued by the Confederação Brasileira De Futebol (CBF) on 5 May 2020
Season Birthday Club(s) Registration dates Status
2011 15th Bahia 28.01.11 – 23.08.11 Amateur
Bahia de Feira 24.08.11 – 04.12.11 Amateur
2012 16th Bahia 01.07.12 – 31.12.12 Professional
2013 17th Bahia 01.01.13 – 31.12.13 Professional
2014 18th Bahia 01.01.14 – 31.12.14 Professional
2015 19th Bahia 01.01.15 – 31.12.15 Professional
2016 20th Bahia 01.01.16 - 08.08.16 Professional
EC Ypiranga 09.08.16 – 13.09.16 Professional (loan)
2016 20th Bahia 14.09.16 – 31.12.16 Professional
2017 21st Lagarto 20.03.17 – 19.04.17 Professional (loan)
Bahia 20.04.17 - 04.06.17 Professional
Marcillo Dias 05.06.17 – 20.09.17 Professional (loan)
Bahia 21.09.17 Professional
Sporting season: 1 January to 31 December (Brazil)
Date of transfer: 20 August 2018, from Bahia (Brazil) to Vitoria FC (Portugal) as professional
Claimant club: EC Ypiranga (Croatia)
Respondent club: Vitoria FC (Brazil)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1. On 14 August 2020, the Claimant claimed training compensation of USD 5,917.81 on the basis
of the subsequent registration as a professional of the player with the Respondent, plus 5 %
interests as of “the due date”, for the training and education provided to the player during his
20th birthday season.
2. On 3 September 2020, the FIFA administration made a proposal to the parties to the settle the
matter suggesting that the Respondent should pay the Claimant the sum of EUR 5,917.81 as
training compensation, plus 5% interests p.a. as from the due date.
3. The proposal was accepted by the Claimant and rejected by the Respondent.
4. On 3 October 2020, the Respondent rejected the proposal on the grounds that the player had
already completed his training when registering with the Claimant. The Respondent underlined
that based on the player passport issued by the CBF, the player acquired professional status on
1 July 2012, at the age of 16. As such, the Respondent maintained that when he was then
loaned to the Claimant in August 2016, he had already been a professional player for 4 years.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: June 2018 edition.
Procedural Rules: June 2020 edition.
Jurisdiction: Yes, uncontested
Admissible: Yes, uncontested
Decision:
1. According to art. 12 par. 3 of the Procedural Rules, any party claiming a right on the basis of
an alleged fact shall carry the burden of proof.
2. In the present matter, the Respondent is alleging that the player had terminated his training
education before he registered with it.
3. In accordance with art. 1 para. 1 of the Annexe 4 of the RSTP, training compensation is not due
if “it is evident that a player has already terminated his training period before the age of 21”.
4. The jurisprudence established by the Dispute Resolution Chamber in this respect foresees that
several objective factors shall be taken into account when assessing if a player has terminated
his education and prior to the end of his 21st birthday season Both the DRC and CAS have always
adopted a strict approach in this sense
5. Such factors are, included but not limited to:
a. Number of appearances with the senior team of a club;
b. The player’s value at the former club (established through the salary, any loan fee paid
by loaning clubs, transfer fee paid);
c. Appearances at international level;
d. Number of loans when at the former club;
e. The player’s notoriety and reputation.
6. The Respondent only bases its allegation on the fact that, in accordance with the player passport
issued by the CBF the player had been a professional for 4 seasons in Brazil before registering in
Portugal with it and did not provide any further evidence in this regard.
7. Considering the lack of evidence provided by the Respondent in support of the allegation that
the player had completed his training and education before the end of the season of his 21st
birthday, in line with art. 12 par. 3 of the Procedural Rules, such argumentation shall be set aside.
8. As established by the jurisprudence of the Dispute Resolution Chamber, when a player registers
with a club affiliated to a different member association (i.e. the new club, in casu the
Respondent) from the one where he was previously registered (i.e. the former club, in casu
Bahia), any club(s) that may have had the player on loan from the player’s former club should
be entitled to claim training compensation from the new club (in casu the Claimant).
9. In particular, it is considered that any loan(s) that took place during a player’s registration with
the former club did not interrupt the chain of entitlement of training compensation. In other
words, the period starting from the player’s original registration with the former club up until
his registration with the new club constitutes one timeframe, irrelevant of any loan(s) that may
have taken place during this period.
10. Taking into consideration all of the above, training compensation is due to the Claimant for the
period the player was registered with it, i.e. as from 9 August 2016 until 13 September 2016,
on loan from his former club, Bahia.
11. Considering that the Respondent was classified under UEFA training category II by its member
association at the time it registered the player, the Respondent shall pay to the Claimant EUR
5,917.81 plus 5% interest p.a. as from 20 September 2018 until the date of effective payment.
12. Consequently, the claim of the Claimant shall be accepted.
13. The relevant provisions set out in art. 24bis is applicable to the present matter.
14. No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
III. DECISION
1. The claim of the Claimant, EC Ypiranga, is accepted.
2. The Respondent, Vitoria FC, shall pay solidarity contribution to the Claimant in the amount of EUR
5,917.81 plus 5% interest p.a. as from 20 September 2018 until the date of effective payment.
3. The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
4. The Respondent shall provide evidence of full payment to psdfifa@fifa.org. If applicable, the
evidence shall be translated into an official FIFA language (English, French, German, Spanish).
5. If the due amount (including all applicable interest) is not paid by the Respondent within 45 days
as from notification of the bank account details, the following consequences shall apply:
1.
2.
The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three
entire and consecutive registration periods.
The ban will be lifted immediately, and prior to its complete serving, following confirmation
that the due amount (including all applicable interest) has been received by the Claimant.
3.
In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
6. No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 58 paragraph 1 of the FIFA Statutes, this decision may be appealed before the
Court of Arbitration for Sport within 21 days of notification.
NOTE RELATED TO PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party
within five days of the notification of the motivated decision, to publish an anonymised or a redacted
version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
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